Document 5QppO9r2K10mon56gnG92YMD

PLAINTIFF'S EXHIBIT KRC-555 HELD SERVICES CONTRACT iUING THIS CONTRACT CAN BE SUPPLIED BY , Dauberman/J. H. Bennett/K. G. Lowrance CONTRACT NO FS 100-076 C HECK APPROPRIATE BLOCK ONE-TIME CONTRACT ACCOUN r OR APPROPRIATION NUMBER n JZL _LSAl ES on EXEMPT SUBJECT NO* SUBJECT CITY OR STATE RELEASE NO 1 USE TAX -XJ S|StHV`l;ES " l^SFES'^'i|T.P,N<10ING i Valentin Ruiz, Jr. Lease Service T 1R SUNOCO TERMINALS, INC. g 307 E. Gruy XC 4908 Up River Road l Hebbronville," Texas 78361 Corpus Christi, Texas 78407 A 9 . T Attention: K. G. Lowrance S T O This AGREEMENT, efftctwt Jan. 1 , 19 80 , belwccn SUNOCO TERMINALS, INC. _____________hereinafter called "Owner", having an office at Hwv.347 .Nederland.Texas & 4908 Up River Road. Corpus Christi .Tx and the "Contractor" shown above. WITNESS In consideration of the mutual promises herein made. Owner and Contractor agree as follows: article 1 -THE work: The work shall comm of:. .General jnaintenance and construction services___________ as requested and directed by Owner.______________ __________________ Contractor shall perform alt work hereunder in accordance with the terms and conditions of this Contract and the following as noted: ) 1. Design drawings__ A$_jPpl1 Cdbl 6 Exhibits: ( ^ RdtS Sheet 0)2. Specifications <( ) 5. Work Description it ii . (B> Insurance Certificate (C) EEO Certificate ^ ) 4. Safety and Security Requirements () This Agreement, including Articles 1 through B. the Field Services General Terms and Conditions on the reverse side hereof, and the Exhibits attached hereto or referenced herein shall constitute the Contract between the parties. ARTICLE 2 -- MATERIALS, PERSONNEL AND SUBCONTRACTS: Contractor shall furnish any and all labor, supervision, permits (unless otherwise stated herein to the contrary), machinery, equipment, tools, fuel, supplies, facilities, materials, transportation and all other things necessary for the performance and completion of all work authorized hereunder, except such items noted to be specifically supplied by Owner as follows: Suc.h_materials._as..may be_furnished_by.Owner_as_re.quired. Unless, otherwise specified, all materials to be furnished by Contractor shall be new and of a grade and quality which conforms to Owner's Standards, if such apply; otherwise such material must be suitable for the use intended. ARTICLE 3 -- COMPENSATION: For satisfactory performance of the work hereunder. Owner agrees to pay Contractor in the manner and at times hereinafter specified, and Contractor agrees to accept as full and complete payment for providing such work, compensation as follows: According to Exhibit ''A'1 ARTICLE 4 -- MANNER AND TIMES OF PAYMENT: Invoices to be rendered monthly .and. shall. he P.ayable_upon .receipt.. #S(B) 00023 Prior to final payment hereunder, and as a condition thereto. Contractor shall satisfy the requirements of Clause 14 of the Field Services General Terms and Con ditions on the reverse side hereof. 1 r 1980ARTICLE 5 -- TERM: Work under this Contract shall commence on or about 05n. . All work performed at the site shall be on the basis of Contractor's standard work week as set forth by local agreement. No overtime shall be worked, except for spot overtime, unless approved by the Owner in writing. ah work, including testing ,haii be complete on or before untii cancelled by either party with 30 days written notice. ARTICLE 6 -- CHANGES, ADDITIONS AND/OR DELETIONS: Owner reserves the right, from time to time, to make changes, additions and/or deletions to the work as it may deem necessary. All changes, additions or deletions shall be made in writing and accepted by both parties before Contractor proceeds with such work. Contractor shall make no changes, additions or deletions to the work without Owner's prior written instructions. The cost of such changes, additions or deletions shall be determined as follows: m ~~ Contractor shall make no changes in the Schedule of work to be performed hereunder, extending completion beyond the date shown in Article 5 above, without prior written approval of Owner. ARTICLE 7 -- INSURANCE: During the performance of all work hereunder. Contractor shall take out, cany and maintain in insurance company or companies, and in policies of insurance acceptable to Owner, the following insurance with limits not less than indicated for the respective items: a. Workmen's Compensation and Occupational Disease Insurance, including Employer's Liability, complying with taws of the state in which the work is to be perfotmed or elsewhere as may be required. Employer's Liability Insurance shall be provided with a limit not less than g ] QQ 000 00 b. Comprehensive General Liability Insurance, including Contractual Liability and Products-Completed Operations Liability and Explosion. Collapse and Underground Damage liability, as well as coverage on ail Contractor's equipment (other than motor vehicles licensed for highway use) owned, hired or used in performance of this contract with limits not less than: 3~ ,000,000. QQtodily Injury & Property Damage Combined each occurrence and aggregate c. Automobile Liability Insurance, including Contractual Liability, covering all motor vehicles owned, hired or used in the performance of this contract, with $ li_0Q_QiQ00. OQlodily Injury & Property Damage Combined each occurrence and aggregate d. Builders Risk Insurance: The Builders Risk Insurance coverage applicable to this contract is checked below. For definition of applicable coverage see Clause 22 of Field Services General Terms and Conditions on the reverse side of this form. ^ j | |^//\ |j Prior to the commencement of any work hereunder. Contractor shall provide Certificates of Insurance evidencing coverage as defined m this Article 7, to the Owner, at the location specified in the Contract Instructions below. ARTICLE 8 -- GOVERNING LAW: This Contract shall be governed by the laws of the State wherein the work is performed unless stated otherwise as follows: Commonwealth of Puerto Rico. ____________________________________________ The term ` State" wherever used in this Contract shall be deemed to include the v CdO.NTLR.ACDT aINuSbTeRnUnCaTnIONS: ^SUNOfO TERMINALS, INC.. 0. Box 758 Nederland, Texas 77627 Contractor shall sign and return one fully executed copy to the address shown above. If no address is shown above, copy should be returned to the "Invoice in Triplicate To" address at the top of this form._______ SUN-40234 IN WITNESS WHEREOF, the parties have executed this Contract. 3-3C-SBDATE:// 1^ ^^ 6' CONTRACTOR: DATE: ,. title: Pi rector\gf Facilities title: ~ Rates Effective Jan. 1, 1932 5/4 Ton Truck and Tools Foreman...................................... Labor.......................................... Semi-Skill.............................. Chain Saw................................. 7 45' per/hour 9.67. per/hour ^ 8.12/per/hour ' 9.07 per/hour 25*Ju per/day 4 hour minimun on all equipment. 4 nour rainimun on crew. Overtime will be charged in all time on Saturday, Sunday, Holidays, and on hours on week days past regularly schedule. A charge for room and Meals will be made when distance requires you to stay overnight. Yonr business is appreciated J4W 2 9 i$8z nmt. RtttlVtli j Mi 18 ^888 fAATSWA\S WCWL # S(B) 00024 ammammmsBtttimmmmmmmmmstsmii mmm INTEROFFICE CORRESPONDENCE SUBJECT: VALENTIN RUIZ, JR. - LABOR & EQUIPMENT date: January 26, 1982 office: Sun Terminals, Inc. - Deep Sea / Ingleside from: K. G. Lowrance to: Jack Bennett I do approve these new rates for Mr. Ruiz, for labor and equipment in 1982. The first rate schedule submitted by Jr., is as follows: 3/4 Truck ............................ Foreman ................................. labor ............................. $11.40 / hour 9.50 / hour 7.90 / hour I discussed this with Jr. and told him I would not accept than and asked if he would re-submit prices. After evaluating the total per hour for a truck, foreman and 2 labors: 1982 1981 1982 ........................................ ........................................ (1st proposal)... $33.36 / hour 33.65 / hour 36.70 / hour Basically this shows that we will operate for less expense in 1982 than 1981. KGL/msf 1 K. G. Lowrance cc: J. E. Lewis - with attachments IN - 7SOO- E ttCWED JAN s g i$8Z materials mgmt. #S(B) 00187 JJEROFF 1C E_CORRESPON PENCE subject: VALENTIN RUIZ, JR. LABOR & EQUIPMENT RATES date: January 22, 1982 office: Materials Management - Nederland from- J. H. Bennett to: K. G. Lowrance Attached is Valentin Ruiz, Jr. labor and equipment rates for 1982. In reviewing these rates it appears he has reduced the 3/4 ton truck and tools by some 29% from $10.50 to $7.45 per hour. His labor rates have increased by 12% which is 3% higher than the OCAW settled for. Also you might note that he calls for 4 hour minimum call out and overtime fo*- hours worked past regularly daily schedule. Our other contracts allow for 2 hour minimum on call outs and overtime after 40 hours worked in one week and holidays are not used in computing overtime. If you want to let the rates stand as he has them stated please approve the attached rate sheet and return. JHB/hd #S(B) 00188 Dates Effective Jan. 1, 1982 3/4 Ton Truck and Tools........................................... 7*45' per/hour Foreman..................................................................................9*67.- per/hour Labor...................................................................... ...8.12/per/hour Semi-Skill...........................................................................9.07 per/hour Chain Saw............................................................................. 25*Ou per/day 4 hour minimun on all equipment. 4 nour minimun on crew. Overtime will be charged in all time on Saturday, Sunday, Holidays, and on hours on week days past regularly schedule. A charge for room and Meals will be made when distance requires you to stay overnight. Yonr business is appreciated Yours trueTy JAH2 91982, MAm,ALS AtGAir. received WMEWWS GNlT` ' # S(B) 00189 SAME AND ADDRISS OF AGENCY Keetch-Tolson Associates P.0. Box 938 Hebbronville, Texas 78361-0938 NAME ANO ADDRESS Of INSURED Valentin.Ruiz, Jr., P.0. Box 6917, Ingleside, Texas 78362 ^ORD^^mHEmlKtES^mstroiBECDWJ COMPANIES AFFORDING COVERAGES DCOMPANY D LETTER Hertford Tngniranro Cn, COMPANY LETTER COMPANY LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. _______ ____ ______ iOMPANY LETTER TYPE OF INSURANCE POLICY NUMBER Limits of Liability in Thousands (000) EACH OCCURRENCE GENERAL LIABILITY BODILY INJURY PH COMPREHENSIVE FORM 65C- 6591^6 1/1/83 1X1 PREMISES--OPERATIONS EXPLOSION AND COLLAPSE HAZARD {__ I UNDERGROUND HAZARD PROPERTY DAMAGE * 300 * 300 I I PRODUCTS/COMPLETED '--j OPERATIONS HAZARD IX 1 CONTRACTUAL INSURANCE I I 8R0A0 FORM PROPERTY [=} DAMAGE 1__ I INDEPENDENT CONTRACTORS BODILY INJURY AND PROPERTY DAMAGE COMBINED f~H PERSONAL INJURY r-latiTlals JJ.ff.tt PERSONAL INJURY AUTOMOBILE LIABILITY 0 COMPREHENSIVE FORM 0 OWNED H HIRED NON-OWNED 650-659156 EXCESS LIABILITY 23 UMBRELLA FORM otherthan umbrella FORM RH B10771 WORKERS' COMPENSATION and EMPLOYERS'LIABILITY OTHER 1/1/83 1/1/83 BODILY INJURY (EACH PERSON) BODILY INJURY (EACH ACCI0ENT) PROPERTY DAMAGE BOOILY INJURY AND PROPERTY DAMAGE COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED * 250 * 500 -ino_ . ^SjY-y 'v r-i ki SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES rO\i i1l o___r___Gas Lease Work-Hebbronville 6 elsewhere m ^State of _Texas This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage or any provision of above policies issued by the Hartford Casualty Ins. Co. Cancellation: Should any ol the above described policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail . ^vr~ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability ol any kind upon the company. #S(B) 00190 NAME ANO ADDRESS OF CEfll tf 1CATE HOEDEft: Sunoco Terminals, Inc. P.0. Box 758 flederland, Texas 77627 date issued December ]8, 198 \/ettc- h-Tols/in j(s AUTHORIZED REPRESENTATIVE ?5 (!?<<) \ ....... jp..y;.r3.-i'vU-. W- zkzMaLi LIBERTY This is to Certify that r Valentin Ruez Jr., 307 E. Gruy L Hebbronville, Tx. Lease Service 78361 n -e j MUTUAL Nome ond addddrreessss ooff Insured, ^^0 ^^^/A % is, at the date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed pi^r^(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract otCSfrer document with respect to which this certificate may be issued. TYPE OF POLICY WORKERS' COMPENSATION EXPIRATION DATE POLICY NUMBER 12/21/82 WC2-391-038331-011 LIMITS OF LIABILITY COVERAGE AFFORDED UNDER W.C, LAW OF LIMIT OF HABILITY-COV B FOLLOWING STATES (Indicate limit tor each stole) TX 100,000 1 | i I--1 COMPREHENSIVE 1__ 1 FORM (~~1 SCHEDULE FORM r--I PRODUCTS COM- >1-- LJ PLETED OPERATIONS < INOEPENOENT CONf-1 tractors/contrac- *--J1 TORS PROTECTIVE fL--J| CONTRACTUAL LIABILITY n >- (~~| OWNED D f~) NON-OWNED g | | HIRED MARITIME COVERAGE FOLLOWING STATES BODILY INJURY LIMIT OF LIABILITY MARITIME COVERAGE 1 PROPERTY DAMAGE ' s EACH OCCURRENCE $ EACH OCCURRENCE' $ AGGREGATE S AGGREGATE COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE S EACH PERSON S EACH ACCIDENT c OR OCCURRENCE EACH ACClCr*" OR OCCURF':*.'.: S EACH ACCIDENT- SINGLE LIMIT- B.l. AND P.D. COME:*-*: AriON(S) OF OPERATIONS S JOB (If Applicable) DESCRIPTION OF OPERATIONS: ; MCE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF 'S IS ENTERED BELOW). BEFORE THE STATED EXPIRATION DATE THE COMPANY NOT CANCEL OR REDUCE THE INSURANCE AFFORDEO UNDER THE ABOVE POLICIES IL AT LEA5T__JkQ_DAY$ NOTICE OF SUCH CANCELLATION OR REDUCTION HAS BEEN .ED TO: r Sunoco Terminals, Inc. P. O. Box 758 Nederland, Tx. 77627 i Attn: Mr. Jack Bennett Spvr.-Purchasing and Contracts J # S(B) 00191 Ifrfux Authorized representative Dec 10, 1981 DATE ISSUED Jlallas_______ OFFICE > cort if icof it etvculed by LIBERTY MUTUAL INSURANCE COMPANY at tpocli such imurene* ot It afforded by Thof Company, M it *ecufod by LIBERTY Ml-'TUAl I iA'E IN5U 5AS Cl `.`.PANY ut Tftppclt u<h iniuronce ot It uTli-rded by Thai Compony. pr; *-,-(* cr lion, as well as other requirements specified in section 114 and seel ton 30 of the Air Act and the Water Act. respectively. and all regulations and guidelines issued thereunder hcfmc the award of the contract 2. 1 hat mi portion of the wort required by this contract will be performed at a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when the contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. J. To use its best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. 4. To insert the substance of the provisions of this clause into any noncxcmpt subcon tract. including this paragraph. Q. CLEAN AIR AND WATER CERTIFICATION [Applicable if contract amount exceeds SIOO.OOO. **or the contracting officer has determined that orders under an indefinte quantity contract in any year will exceed SI 00.000." or a facility to he used has been the subject of a conviction under the Clean Air Act (42 U.S.C. !857c-B(c)(l))or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA. or is not otherwise exempt.) Contraetur/supplier certifies as follows: II. Any facility to be utilized in the performance of the proposed contract has not been listed on the Environmental Protection Agency List of Violating Facilities. 2. Contractor/supplier will promptly notify the Contracting Officer. prior to award of the receipt of any communication from the Director. Office of Federal Activities. Environmental Protection Agency, indicating that any facility which contractor/ supplier proposes to use for the performance of the contract is under consideration .to he listed on the EPA List of Violating Facilities. 3. Contractor/supplier will include substantially this certification, including this para graph (3). in every noncxcmpt subcontract. R. NON-SEGHEGATED FACJLITIF.S CERTIFICATION [Applicable if contract amount exceeds S1Q.OOO (60 CKR 1.8).] Contractor.'supplier certifies that it does not and will not maintain any facilities it provides for its employees in a segregated manner or permit its employees to perform their services at any location under its control where segrcgalcd facilities arc maintained, and that contractor/supplier will obtain a similar certification in the form approved by the Director. Office of the Federal Contract Compliance Programs, prior to the award of any non-exempt subcontract. CONTRACTOR/SUPPLIER CLASSIFICATION -- Check appropriate block(s). 0 SMALL BUSINESS CONCERN Firms which are independently owned and operated, nol dominant in their field and meet employment and/or sales standards developed by the Small Business Administration and set forth in 41 CFR Sec. 1-1.701-1. MINORITY BUSINESS ENTERPRISE (defined in Paragraph H) WOMEN-OWNED BUSINESS CONCERN (defined in Paragraph J) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (denned in Para graph L) h' (Signaiture of Aui/lhor/zcd Representative) `/Yl rrurfc-3/^ (TitlcTif Authorized Representative) 7-a?- %-/ jjLt XL, / Company jo/ AI'c. // fa* inn JLUuJjl Ta nzv,: / Address /' FOLD AND STAPLE OR TAPE TOGETHER AND STAMP CERTIFICATE SO THAT PRE-ADDRESSED PANEL MARKED "RETURN" FACES OUTWARD. # S (B) 00192